PlayFallsview | Terms & Conditions

TERMS AND CONDITIONS of MGE Digital Canada Inc.

These Terms and Conditions (“Terms and Conditions”) apply to, and are binding upon You if You participate at the Casino.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITIES THAT AFFECT YOUR RIGHTS.

These Terms and Conditions apply to all monies and wagers accepted by MGE Digital Canada Inc. (“MGE Digital”) and all Services offered by, and on any Website provided by MGE Digital (“the Website(s)”), including PlayFallsview.com™.

MGE Digital operates the Websites as part of the open and regulated internet gaming market in Ontario conducted and managed by iGaming Ontario (“iGO”). The Player’s gaming contract is with MGE Digital as the provider of Services to the Player on behalf and as agent to iGO.

THESE TERMS AND CONDITIONS ESTABLISH THE RULES GOVERNING YOUR PARTICIPATION AT THE ONLINE CASINO, YOUR ACCESS AND USE OF THE WEBSITES AS WELL AS YOUR USE OF ANY OTHER SERVICE OFFERED BY US. UNLESS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS.

THE COLLECTION, PROCESSING, STORAGE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS IT RELATES TO YOUR PARTICIPATION AT THE ONLINE CASINO AND YOUR USE OF THE WEBSITES IS DESCRIBED IN OUR PRIVACY STATEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE. BY PARTICIPATING IN THE ONLINE CASINO, ACCESSING OR USING OUR WEBSITE, OR USING ANY OTHER SERVICES OFFERED BY US, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE PRIVACY STATEMENT, AVAILABLE AT https://play.playfallsview.com/privacy-policy/.

YOU ARE PROHIBITED FROM PARTICIPATING AT THE ONLINE CASINO (AS SUCH TERM IS DEFINED BELOW) AND FROM PLAYING ANY GAMES HOSTED ON THE WEBSITES (AS SUCH TERM IS DEFINED BELOW) IF YOU ARE ON ANY PATRON SELF-EXCLUSION LIST OR OTHER PATRON EXCLUSION LIST WHICH INCLUDES ANY STATUTORY OR REGULATORY EXCLUSION LISTS OR DIRECTORIES WHERE INDIVIDUALS NAMED THEREIN ARE LEGALLY PROHIBITED FROM PARTICIPATING.

DEFINITIONS

These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on this Website or in connection with the Online Casino. In these Terms and Conditions:

Account” means a unique Account that has been issued to You by the Online Casino;
Agreement” means these Terms and Conditions;
Charge-back” means when You, a credit card issuing bank, or any other third party payment solutions provider effects a reversal of charges in relation to Your credit card or third party deposit transaction;
Closed Player Account” means an Account that has been closed, deregistered or excluded by either us or You;
Content” means all material, including without limitation information, software, data, text, editorial content, design elements, formatting, graphics, images, photographs, video, audio, music, sounds and other content contained in, made available through or delivered by means of the Services or otherwise made available in connection with the Services, excluding Your Content;
“Dormant Account” means an account that has been idle for twenty-four (24) consecutive months;
Dormant Player” means a Player who has a Dormant Account;
Guest Player” means a Player who utilizes free-play casino credits with no monetary value to place wagers at the Casino;
Inactive Account” means an Account which has not recorded any login or logout for a period exceeding thirty (30) consecutive days without the requirement of any financial transaction;
Mobile Casino” means the Online Casino and its offerings if they are accessed using mobile devices or applications, and any mobile application creates specifically to access the Online Casino and its offerings;
Online Casino” means the casino accessed via the Casino Website and owned or operated by us;
Online Casino Group” means collectively all the online casinos proprietary to us;
Online Casino Website” means PlayFallsview.com™ or any other site through which the Online Casino may be offered or accessed from time to time;
Participate” means, without limitation, any of the conduct described in Sections 4.1.1 to 4.1.7 below and visiting the Online Casino Website, playing any games offered by the Online Casino at the Online Casino, or utilizing the Online Casino, Online Casino Website and/or the Software in any manner whatsoever;
Payment Service Provider” means a third party with whom we have an arrangement to process money transfers;
Players” means a Real Player, a Guest Player, a Dormant Player or a Closed Account Player;
Real Player” means any player who has registered an Account at the Online Casino;
Service” or “Services” means the availability and provision of Software that enables You to play at the Online Casino or Mobile Casino using the Internet in connection with Your use of the mobile applications, online and mobile games, being prescribed online lottery schemes iGaming Ontario is authorized to conduct and manage pursuant to, and as set forth in, the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 (Ontario), Your participation in promotions and giveaways that may be sponsored by either us or third party companies, including any MDC Party or MDC Parties (as defined in Section 4.1 herein), Your  interactions with the server software, web technologies and branded websites used to provide any of the above and any communications You may have related thereto and any other related services;
“Self-Exclusion” means the program and associated processes through which Player’s voluntarily elect to exclude themselves from gaming sites for a prescribed period of time;
Software” means any software owned by or licensed to that must be downloaded or otherwise used in order for You to participate at the Online Casino or in any Flash Games;
We”, “us” or “our” means MGE Digital Canada Inc., which is the owner and operator of the Online Casino Website.
You” or “Your” means any person who seeks to access or use the Websites.
Your Content” means any information, software, data, text, editorial content, design elements, formatting, graphics, images, photographs, video, audio, music, sounds and other content that You contribute, provide, post or make available using the Services.
Your Jurisdiction” means the jurisdiction in which You are domiciled, reside or work.

TERMS

1.  Your Participation at the Online Casino

1.1  Participation

1.1.1  Participation at the Online Casino, access and use of the Websites and use of Services offered by us is at Your sole option, discretion and risk.

1.1.1.1  Internet Gambling may be illegal in Your urisdiction. The Online Casino is not intended to enable You to contravene applicable law and is only to be used if You are 19+ and located in the Province of Ontario.
1.1.1.2  The Online Casino cannot open accounts or process bets or financial transactions for individuals residing outside of the Province of Ontario.

1.1.2  The following individuals are not eligible to participate at the Online Casino or to otherwise use the Services, and by registering You acknowledge and confirm that each of the following categories does not apply to You:

1.1.2.1  An individual who is physically situated outside the Province of Ontario;
1.1.2.2  An individual under 19 years of age. We reserve the right to ask for Your proof of age and suspend Your Account until satisfactory documentation is provided;
1.1.2.3  An individual that is participating in a self-exclusion process that applies to the Websites;
1.1.2.4  An individual who has been restricted from accessing the Websites or playing a lottery scheme as a condition of a court order;
1.1.2.5  An individual has been excluded from the Websites under subsection 3.6(1) of the Gaming Control Act, 1992;
1.1.2.6  Officers, members of the board of directors, or partners of MGE Digital;
1.1.2.7  Executives or staff of a trade union who represent or negotiate on behalf of employees employed by MGE Digital;
1.1.2.8  Employees of registered suppliers who maintain or repair gaming equipment for the Websites; and
1.1.2.9  Members or employees of the Alcohol and Gaming Commission of Ontario, and officers, members of the board of directors, or employees of Ontario Lottery and Gaming Corporation or iGO, unless they are within the description set out in subsection 22(6) of Ontario Regulation 78/12.

1.1.3  We do not warrant the legality of Your participation at the Online Casino in terms of the laws of Your Jurisdiction.
1.1.4  We have the right to request that You furnish us with proof of Your identity and age as a condition precedent to us allowing You to participate at the Online Casino. All information supplied when registering with the Website or otherwise required to access the Online Casino must be accurate and complete in all respects.
1.1.5  You hereby authorize us and our designated agents as and when we require, to confirm Your identity and Your right to use the monies that You wager at the Online Casino.
1.1.6  You may not open and maintain more than one account at any point in time.
1.1.7  The Online Casino, at its discretion, reserves the right to pay any winnings in Canadian Dollars, to require any and all bets or plays to be in Canadian Dollars, to facilitate all purchases using Canadian Dollars, and to require all withdrawals to be in Canadian Dollars.
1.1.8  We have the right to verify Your Account information at any time and suspend Your Account pending adequate verification. You are asked to keep Your registration details up to date. If You change Your address, email, phone number or any other contact or personal information You are obligated to contact Player Support in order to update Your Account information.
1.1.9  You agree to receive communications from the Online Casino Group and its marketing agents.
1.1.10  The Online Casino does not allow Players to gamble on credit. However, currency usable in the Online Casino may be available for purchase using credit or debit cards.  Neither this nor any part of these Terms and Conditions should, in any way, be construed to imply or infer that Players should seek additional credit in order to play any game or use any feature on the Online Casino.
1.1.11  The Online Casino allows You to choose Your own user name and password combination, subject to any requirements we may have. You are asked to keep this information secret. You are responsible for all actions carried out through Your Account if Your user name and password have been entered correctly. We will not be held liable for security weaknesses on devices or shared passwords. Players will refrain from using obscene or offensive usernames or aliases. Should a Player elect to do so we reserve the right to close Your Account.
1.1.12  All Player offers are limited to one per person, family, household address, email address, telephone number, debit/credit card and shared computer, e.g. school, public library or workplace. All Online Casino offers are intended for recreational players and we may in our sole discretion limit the eligibility of Players to participate in any promotion. We reserve the right to withdraw the availability of any offer or all offers to any Player or group of Players.

1.1.12.1  We reserve the right to reclaim all bonuses awarded and any winnings accrued if Players are found to be tampering with or abusing any aspect of an Online Casino promotion. Where there is evidence of a series of bets placed by a Player or group of Players, which due to enhanced payments through promotional offers results in guaranteed Player profits irrespective of the outcome, we reserve the right to ignore the bonus element of such offers and settle bets at the correct odds. We further reserve the right to ask any Player to provide sufficient documentation for us to be satisfied in our absolute discretion as to the Player’s identity prior to us crediting any bonus, free bet or offer to their account.

1.1.13  By registering, You are deemed to have accepted and understood all the Terms and Conditions, Privacy Statements, and other rules, regulations, limitations, and other information displayed on the Websites or otherwise provided to You by the Online Casino Group. We recommend that all Players print out (or save to file) all transaction records, Casino Guide, cancellation policies, and pay-out policies.
1.1.14  If using a credit or debit card, the Player’s name MUST be the same as the name used when registering with the Website. Where this is not the case we may suspend Your Account. If Your Account is suspended, You may contact customer support for details of our verification process at the following email address: support@playfallsview.com. Any withdrawals that are made by bank wire or cheque will only be payable to the name used when registering with the Website and if a debit or credit card has been used to deposit funds the name must correspond to the name registered on the card.
1.1.15  Updating or adding additional payment details may only be done by contacting Player Support. It is Your responsibility to make Yourself aware of the terms upon which Your payments are accepted. You are solely responsible to keep informed of any changes.
1.1.16  We have an obligation to remit funds to players within a reasonable amount of time. Uncontested funds pending for withdrawal may be reversed back to the Online Casino account should Players not respond or abide by the withdrawal requirements. Should withdrawals be reversed they will be available for play within the Online Casino. The Online Casino will not be held liable for funds used for gambling or playing.
1.1.17  If You do not wish to have pending funds made available to You, You may contact Player Support directly and temporarily lock Your Account. To do so, email us at support@playfallsview.com.
1.1.18  All applicants may be sent an email to the registered email address for account activation. All accounts may be activated by following the instructions in this email. If this is not completed, the Online Casino reserves the right to suspend all activities on the account until the account details are verified.
1.1.19  No Player Account is permitted to have a negative funds balance.  Further, no bet will be accepted that might result in a negative balance.  If, for any reason, a Player Account reaches a balance below zero ($0.00) dollars, the account will be suspended.  Aside from deposits, no transactions will be permitted until the Player Account balance is above zero ($0.00) dollars.
1.1.20  There may be some instances in which it may be necessary for the Online Casino to perform adjustments to Player Accounts and/or Player Account balances.  In the event that such adjustments are necessary, only authorized personnel will be permitted to make those adjustments.  All adjustments to Player Accounts and Player Account balances will be recorded and logged completely, clearly, and accurately by the Online Casino including, at a minimum, the specific reasons for such adjustment.
1.1.21  Players are not permitted to transfer funds from one Player Account to another. Any attempt to do so shall be considered a violation of this Agreement.

1.2  Your Warranties

1.2.1  You warrant and represent, and we enter into this Agreement on the basis of and in reliance on such representations and warranties, all of which are material at the time of Your entering into this Agreement and throughout the terms hereof, that You:

1.2.1.1  are legally able to participate in the Online Casino;
1.2.1.2  are an “adult”, having attained the applicable age of majority as indicated in Section 1.1.3;
1.2.1.3  shall not register for or attempt to register for multiple Player Accounts;
1.2.1.4  shall not allow any third party (in particular, but without limitation, any minor) to, directly or indirectly, use Your Accounts, utilize the Software or accept a prize from the Online Casino;
1.2.1.5  are not an employee, executive, officer, board member, partner of the Online Casino;
1.2.1.6  are not an employee or an executive of any trade union representing or negotiating on behalf of employees of the Online Casino;
1.2.1.7  are not an officer, board member, employee, or are otherwise affiliated with the AGCO, OLG, or iGO;
1.2.1.8  do not have access to non-public information that may impact the outcome of any game, event, or bet type;
1.2.1.9  do not have sufficient authority to influence the outcome of any game or event, this includes but is not limited to players, athletes, coaches, managers, owners, and referees of teams, sports or events of the type offered on the Online Casino platform;
1.2.1.10  are not a ten (10) percent or greater owner of a sport governing body;
1.2.1.11  are not involved in compiling betting odds for any sport, game, or event hosted on the Online Casino platform;
1.2.1.12  shall immediately cease playing, betting, or otherwise accessing Your Player Account if You, at any time, are unable to comply with any requirement established in Sections 1.2.1.5 through 1.2.1.11 herein, until such time that You are able to fully comply;
1.2.1.13  have furnished us with personal details that are valid, accurate and complete in each and every respect and that You shall advise us immediately via email should such details change;
1.2.1.14  are the true and lawful owner of the monies that You wager at the Online Casino and that You are duly and properly authorized to utilize such monies for the aforementioned purposes;
1.2.1.15  shall not deposit nor wager any monies at the Online Casino that are derived in any manner whatsoever from illegal activities outlined in Section 1.6 below;
1.2.1.16  shall pay all monies owed to the Online Casino, and in respect to any payment, shall not cause any Charge-back, or otherwise deny or reverse or countermand any such payments;
1.2.1.17  have read and understood these Terms and Conditions; and
1.2.1.18  participate at the Online Casino on an individual basis and for personal entertainment only (that is, not in a professional sense or in concert with other Players as part of a club, group, etc.).

1.2.2  If You breach the warranty contained in Section 1.2.1, all transactions placed by You shall be null and void and You shall forfeit any winnings accrued to You as a result of such transactions or participation.

1.3  Refusal to Register and Right to Exclude

1.3.1  We may refuse to register You as a player or elect to deregister and exclude You or suspend You as a player from the Online Casino at any time and for any reason that does not constitute discrimination under the applicable human rights legislation.
1.3.2  You acknowledge hereby that the Online Casino is not obliged to give You prior notice of its decision to refuse, deregister or exclude or suspend You, nor to furnish You with any reasons for such decision.

1.4  Deregistration, Exclusion or Suspension

1.4.1  Notwithstanding anything to the contrary contained herein, any Player Account shall be terminated on request of iGO or the Alcohol and Gaming Commission of Ontario (“AGCO”).
1.4.2  You have the right to deregister or terminate Your player Account at any time.  Once such election is made, Your Account will be deactivated and You will have the right to collect the remaining account balance pursuant to Section 1.5 “Dormant Accounts & Dormant Balance” of this Agreement.
1.4.3  If You elect to Self-Exclude from PlayFallsview.com, You will immediately be prohibited from conducting any future gaming transaction throughout the pendency of Your Self-Exclusion.  For purposes of this section, any pending or unsettled wager shall not be construed as a “future gaming transaction.”  As a result, any pending or unsettled wagers outstanding at the time of a Player’s Self-Exclusion shall be allowed to settle following the conclusion of the game or event.  SELF-EXCLUDED PLAYERS ARE NOT ENTITLED TO REFUNDS OF ANY WAGER THAT IS PENDING OR UNSETTLED AT THE TIME OF SELF-EXCLUSION.
1.4.4  If we deregister or exclude or suspend You from the Online Casino we shall have the right to:

1.4.4.1  withhold payment to You of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, Online Casino credits, payouts or the like;
1.4.4.2  exclude You from all or any other Online Casinos that are part of the Casino Group or its affiliates;
1.4.4.3  determine what criteria You shall have to meet in order to establish a new Account at the Online Casino; and
1.4.4.4  in the case of fraudulent, illegal or similar misconduct by You or failure by You to pay any sums due to us, we have the additional rights to:

1.4.4.4.1  furnish any relevant information about You to an intra-group database recording, and share Your Account details with a collections agency for the recovery of, any sums that You owe us as permitted by law, and You hereby irrevocably authorize us to do so in our absolute discretion; and
1.4.4.4.2  retain any contested funds that may be derived by You from fraudulent, illegal or similar misconduct.

1.4.5  If an account is removed, deactivated, or deleted for any reason, we shall retain all associated Player Information in accordance with AGCO Standard 1.09 or other records retention requirements as applicable.
1.4.6  The Online Casino shall return the balance of a Self-Excluded Player Account, if any, on request by the owner of that account.

1.5  Inactive Accounts, Dormant Accounts & Dormant Balances

1.5.1  An account will be considered inactive (as previously defined herein, an “Inactive Account”) if You do not access or log into the account for 30 consecutive days. Once Your Account is inactive, any successful attempt to access or log into Your Inactive Account will return it to active status. However, we may require You to take additional steps to verify Your identity in order to reactivate any account.
1.5.2  With the exception of Section 1.5.1, the remaining provisions of this Section 1.5 only apply if Your Player Account has become a Dormant Account, an Inactive Account, or if Your account is deregistered in accordance with Section 1.4.2.
1.5.3  Any credit balance standing to Your Account may, in our discretion, not to be exercised unreasonably, be handled by the Online Casino as follows:

1.5.3.1  an administration fee equivalent to 5 Canadian Dollars of such credit balance shall be levied monthly thereon and deducted therefrom until the earlier of:

1.5.3.1.1  the credit balance being reduced to zero; or
1.5.3.1.2  the Inactive Account becoming active; or
1.5.3.1.3  the Player requests to recover the balance of their Account.

1.5.4  If no transaction has been recorded on an Account for twenty-four (24) months, the Online Casino shall remit the balance in the account to the Player.  If, after exercising commercially reasonable efforts, the Online Casino cannot locate the Player, the Online Casino shall hold the Account balance until the Player requests to recover the balance, or until the Account balance reaches zero in accordance with Section 1.5.2.1.
1.5.5  Notwithstanding meeting any play through requirement, in our sole and absolute discretion, You may lose any bonuses and winnings derived from such bonuses if such moneys remain unused by You at the Online Casino for a period of 3 months from the date on which such bonuses were awarded. For the purpose hereof all loyalty points awarded shall be construed to be bonuses.

1.6  Money Laundering

1.6.1  Canada and the provinces have strict laws on money laundering that may impose an obligation upon us to report You to the applicable authorities if we know, suspect or have reason to suspect that any of Your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Online Casino to facilitate criminal activity.
1.6.2  If we have knowledge or suspect that Your use of the Website or Online Casino, is illegal or otherwise improper, we may:

1.6.2.1  immediately suspend, deregister or terminate Your Account at the Online Casino;
1.6.2.2  at our discretion, not to be exercised unreasonably, refuse to refund to You any funds held in such account;
1.6.2.3  exclude You from all or any other Online Casinos in the Casino Group or its affiliates; and
1.6.2.4  furnish any relevant information about You to an intra-group database recording illegal or improper activities. You hereby irrevocably authorize us to do so in our absolute discretion.

1.6.3  We reserve the right to report You to applicable authorities should we, in our absolute discretion, determine that we are obliged by law to do so.
1.6.4  In order to assist in the prevention of money laundering:

1.6.4.1  no physical cash shall be accepted to fund any account at the Online Casino;
1.6.4.2  no non-reloadable pre-paid cards (i.e. “closed loop” cards) shall be accepted to fund any account at the Online Casino; and
1.6.4.3  no substantial or exceptional withdrawals individually and cumulatively shall be permitted unless You provide us with notarized copies of the following:

1.6.4.3.1  most recent bank statement for the bank account from which Your wagers have been paid;
1.6.4.3.2  a copy of a government issued photo identity document, for example a driver’s license, valid passport, or identity card; and
1.6.4.3.3  a copy of a utility bill no older than 3 months clearly reflecting Your registered address and name, for example Your most recent bank statement, gas bill, or electricity bill.

1.7  Publicity

1.7.1  If, whilst playing at the Online Casino, You win a sum of money or any other prize regarded by the Online Casino as worthy of publicity, You agree to make Yourself available for any event to publicize Your win arranged by the Online Casino. The Online Casino will make reasonable efforts to protect Your privacy as part of such events.
1.7.2  You further grant us the right to use Your first name in any publicity about Your win (as described above) and to use a picture of a model of our choice to represent You in any published materials.

1.8  Your Consent

1.8.1  Telephone calls may be recorded or monitored for quality or security purposes. By using this service, You are consenting to the recording or monitoring thereof.
1.8.2  Consistent with our Privacy Statement and subject to the limitations therein, we may collect and record certain communications and details of transactions and details of Your visits to the Website or Online Casino.
1.8.3  Consistent with our Privacy Statement and subject to the limitations therein, by registering an account, You hereby consent to us contacting You through various means of communication (not limited to email, telephone and SMS) in respect of matters relating to Your Account. To unsubscribe to any or all forms of communication, please contact us at support@playfallsview.com.
1.8.4  The legal authority under which we collect personal information as part of the Services includes FIPPA, Ontario Regulation 722/21 made under the Alcohol and Gaming Commission of Ontario Act, and Article 13 of the Operating Agreement between iGO and us.

1.9  Use of Bots, Illegal Software, and Other Abuse

1.9.1  The use, exploitation or abuse of a bug (i.e. an error, flaw, failure or fault in the Online Casino, Website, or any of our systems), bots (automated programs, scripts, or algorithms), or any form of expert systems, machine learning or other artificial intelligence technologies in Your interactions with the Online Casino or Website are not permitted and grounds for suspending Your Account.
1.9.2  The use of software to influence or modify the outcome of any of the games in the Online Casino for financial gain is strictly forbidden and any monies acquired in this way will be deducted from the Player’s funds.
1.9.3  We shall take all necessary measures to respond to the use, exploitation or abuse of a bug, bot or any form of expert systems, machine learning or other artificial intelligence technologies from a Player. These measures may include blocking or suspending the Account, freezing of the funds, and we reserve the right to legal proceedings.

2.  The Service

2.1  We are not liable for any downtime, server disruptions, lagging, or any technical or other disturbance to the game play. We are not liable for any acts or omissions made by Your internet service provider or any third party with whom You have contracted to gain access to the server that hosts the Online Casino or Website. Software and Services are provided ‘as is’ and we make no warranties or representations, whether express or implied (whether by law, statute or otherwise) including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy of the Software or Services. We expressly disclaim any promises with regards to the quality and performance of the Software or Services.
2.2  We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by You to participate in any games or activities in the Online Casino or Website by methods, means or ways not intended by us. You are solely responsible for any telecommunications devices and services utilized by You to access and interact with the Online Casino or Website.
2.3  We make no warranty that the Software or Services will meet Your requirements, be uninterrupted, timely, secure or error-free, or that defects will be corrected to Your satisfaction.
2.4  We make no warranty or assurances that the software or server we utilize to make the Online Casino or Website available to You are free from viruses or bugs or concerning the functionality, accuracy and reliability of the Software or Services. In the event of systems or communications errors relating to the generation of random numbers, bet settlement or other element of any games or activities in the Online Casino, we will not be liable to You as a result of any such errors and we reserve the right to void all bets on the draws in question.
2.5  We cannot guarantee that the Service will never be faulty but we use reasonable commercial efforts to correct reported faults as soon as we reasonably can. If You encounter a fault or bug, we encourage You to report it by contacting Player Support at support@playfallsview.com.

2.5.1  We shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Online Casino, Website or Services; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of any games or activities or any errors or omissions in Content.
2.5.2  We reserve the right to cancel or otherwise void, refuse or limit any wagers at our discretion, not to be exercised unreasonably. In circumstances where a stake is deemed to be or is declared void by us at our discretion, any sum deducted from Your Account with respect to that stake or wager shall be credited to Your Account. Wagers shall only be valid if accepted by our server and subject to this Agreement. Until acceptance, no communications from You shall be binding on us and all information displayed on Online Casino and Website constitutes an invitation to play only. Malfunction (of the Online Casino or Website or Your equipment) shall be a basis for us to void all transactions, payouts, games, and activities affected by said malfunction. At our discretion, we may waive a rule or term in this Agreement in the interest of fair play to You. If we do so, it shall only be for that instant and shall not set a precedent for the future.

2.6  We reserve the right to void or correct any winnings that were obtained as a result of hardware or software errors or malfunctions. Players found abusing such errors or malfunctions are subject to having their Account closed and any deposits or winnings forfeited. In the event of an Online Casino or Website system malfunction, we retain the right to void all affected bets. We reserve the right to suspend, modify or remove or add to the Online Casino or Website any games or software at our sole discretion with immediate effect and without notice. We shall not be liable to You for any loss suffered by You resulting from any changes made or for any modification or suspension of or discontinuance of the Software or Services and You shall have no claims against us in such regard.
2.7  In the event of an Online Casino system malfunction or errors, all wagers are void. Refunds may be given solely at our discretion. Where a manifest error, mistake or system failure results in an incorrect odd, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be null and void. As used in these Terms and Conditions, Online Casino system malfunction or errors include, but are not limited to, any error that directly results in overpayment to You.
2.8  Notwithstanding the language established in this Section 2, in the event that a service interruption or system malfunction after which a game cannot be continued, Player will either be paid out in the amount won up to that point or all bets will be returned, whichever outcome is better for the impacted Player.
2.9  We may temporarily suspend the whole or any part of the Service or any game or activity for any reason at our sole discretion. We may, but shall not be obliged to, give You as much notice as is reasonably practicable of such suspension.
2.10  In accordance with Section 4.2, we will not be liable to You for any loss that You may incur as a result of any suspension or delay of the Service or any game or activity.
2.11  It is Your sole responsibility to account and report relevant taxes on winnings that might be applicable.
2.12  We do not provide advice to Players regarding tax or legal matters. Players who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors or authorities in Ontario.
2.13  Players are strictly prohibited from utilizing the Online Casino or Website and their systems to facilitate arbitrage through any currency exchange transactions. Where we deem that a Player has deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the Player’s balance without warning or notification.
2.14  As a condition of Your use of the Services, You agree:

      • not to use the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
      • not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Services or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      • not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, assign, distribute, lease or otherwise make available to any third party or otherwise publish, deep-link, scrape, frame, create derivative works from or exploit in any way the Services or Content except as permitted by us under these Terms or as expressly provided under applicable law;
      • not to use the Services to distribute viruses or malware or other similar harmful software code;
      • not to export the Software to any country or jurisdiction outside of Ontario (whether by physical or electronic means); and
      • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.

You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any non-permitted use described above.

3.  Limits/Conditions on Shared Environments

3.1  We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts where such Accounts originate from environments where computers are, or the environment is, shared.

4.  Indemnity & Limitation of Liability

4.1  You agree that You are free to choose whether to participate in the Online Casino, access and use the Websites and use the Services offered by us and do so at Your sole option, discretion and risk. You will indemnify and hold harmless us and our directors, officers, employees, shareholders, agents and affiliates, our its ultimate parent and parent companies and any of its or their subsidiaries (collectively, the “MDC Parties”, and each an “MDC Party”) against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by You at the Online Casino. The nature of Your participation shall include, but not be limited to:

4.1.1  visiting, use or re-use of the Online Casino or the Online Casino Website;
4.1.2  use or re-use of any materials at, or obtained from, the Online Casino or Online Casino Website or any other source whatsoever;
4.1.3  entry, use or re-use of the Online Casino or the Online Casino Website server;
4.1.4  facilitating or making a deposit into Your Account at the Online Casino;
4.1.5  wagering or gaming at the Online Casino;
4.1.6  acceptance and use of any win or prize at or from the Online Casino; and
4.1.7  use or re-use of the Online Casino Software, whether downloaded from the Online Casino Website or by any other means or through any other medium.

4.2  You understand and agree and recognizing that Your participation in the Online Casino, access and use of the Websites and use of the Services offered by us is at Your own risk. You understand and agree that in no circumstances whatsoever shall any MDC Party, nor any of their suppliers or licensors, be liable to You for: any direct, indirect, special, consequential, punitive, exemplary or other damages of any kind, including, without limitations, damages for loss of profits, goodwill, use, data or other tangible or intangible loss or any other damages based on contract, tort, negligence, strict liability or any other theory (even where We have been notified by You of the possibility of such loss or damage), resulting from Your participation in the Online Casino, access and use of the Websites and use of the Services offered by Us; Your inability to participate in the Online Casino, access or use the Websites or use the Services offered by us; unauthorized access to or alteration of Your transmissions or data; statements or conduct of any third party in the Online Casino, on the Websites or on or through the Services offered by us; any actions We take or fail to take as a result of communications You send to us; any incorrect, illegible, misdirected, stolen, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions; interruptions; latency; deletions or defects of any device or network, providers or software (including, but not limited to, those that do not permit You to participate in the Online Casino, access or use the Website or use the Services offered by us); any injury or damage to computer equipment; inability to fully participate in the Online Casino, access or use the Websites or use the Services offered by us; theft, tampering; destruction, or unauthorized access to, or alteration of, entries, images or other Content of any kind; data that is processed late or incorrectly or incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Online Casino, Websites or Services offered by us. Except as otherwise expressly set forth in these Terms and Conditions, our liability to You for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by You to us for general participation in the Online Casino, access or use of the Websites or use of the Services offered by Us during the term of You maintain an Account with us, not including any bets or any entry fees for contests completed prior to the circumstances giving rise to the claim.
4.3  Upon confirmation of money transfer from us to the Payment Service Provider, we shall not be liable for any damages, loss or cost suffered or incurred by a Player (including any damages, loss or costs suffered or incurred as a result of a failure to pay or delay in payment).
4.4  The MDC Parties shall not be liable for any acts or omissions of or advertisements published by third party advertisers and marketers.
4.5  Nothing in this Agreement will operate to exclude any liability of any MDC Party for fraud, death or personal injury that is caused by such party’s negligence.
4.6  You acknowledge and agree that You assume full responsibility for Your participation in the Online Casino, access and use of the Websites and use of Services offered by us.
4.7  You acknowledge and agree that any information You send or receive during Your participation in the Online Casino, access and use of the Websites and use of services offered by us may not be secure and may be intercepted or later acquired by third parties.

5.  Promotions and Competitions

5.1  The Online Casino shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific and any complimentary bonus credited to Your Account must be used in adherence with such terms and conditions. Where wagering requirements for bonus money or free credits are not specifically stipulated in promotional offers then the rules will be made publicly available.
5.2  These Terms and Conditions apply to any competition or promotion.
5.3  In the event of a conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions (as applicable) shall prevail but only to the extent that the Terms and Conditions conflict with one another.
5.4  We reserve the right to exclude players from taking part in any promotion relating to the Online Casino in our discretion. Promotions are for limited time only and we reserve the right to terminate any promotion at any time without prior notice. If unused bonuses remain, that bonus, as well as any winnings generated by such bonuses and loyalty points issued, will lapse after three (3) months of the date of issue. This is applied at our absolute discretion, notwithstanding having met play-through requirements for such bonuses.
5.5  You agree that You shall have no ownership or other property interest in the Online Casino, Your Account, or in any offer related to a competition or promotion, including any playable Account credit. You are expressly prohibited from transferring, purporting to transfer, or otherwise attempting to transfer any Content or rights to any promotional offer, competition, bonus, or credit outside of any mechanism provided within the Online Casino. This prohibition expressly includes any attempted or purported sale, gift or trade in the “real world” of any Account, promotional offer, bonus, or credit.
5.6  The Online Casino is part of the Online Casino Group. You may not claim a bonus at the Online Casino if: (1) prior to opening an Account at the Online Casino, You have opened an Account at any other online casino within the Online Casino Group and claimed such a bonus from such other online casino; and (2) having claimed such bonus from the other online casino within the Casino Group, wagered such previously claimed bonus and initial deposit less than 100 times at the online casino granting You such bonus. Under no circumstances shall You be eligible for more than one sign-up bonus at the Casino even if You are able to open multiple Accounts thereat (in, for example, different currencies or languages). If Your Account at the Online Casino has been credited with a sign-up bonus for which You (in our sole and unfettered discretion) are ineligible, the Online Casino shall retrospectively void such sign-up bonus and any winnings received by You after the sign-up bonus has been credited to Your relevant Accounts.
5.7  Before bonus amounts can be transferred from Your bonus Balance to Your Cash Balance bonus, they must meet the minimum wagering requirement specified in the terms and conditions of the applicable promotions or bonus offerings (the “Play-Through Requirement”). The Play-Through Requirement imposed will vary at our discretion, not to be exercised unreasonably per game or promotion. Any winnings attributed to the Cash portion of Your balance can be withdrawn at any time, subject to meeting all of these terms and conditions. In order to meet the wagering requirements, please see the contributing percentages on the applicable promotion or bonus offering specific rules.

5.7.1  Any winnings from “no purchase required” offers or free spins will be subject to a wagering requirement specified in the terms and condition of those promotions or bonus offerings before the bonus money from such promotions or bonus offerings may be transferred into the cash balance. In the event that a Player has a positive cash balance after the relevant wagering requirement is met and such Player attempts to make a withdrawal, the withdrawal will be capped at 100 Online Casino Credits (in the Player’s currency of play) and the remaining cash balance will be forfeited.
5.7.2  If You do not want any bonus which has been deposited into Your Account by the Online Casino, You are entitled to request that it be reversed out of Your Online Casino account. Such reversals will be subject to no play-through having taken place on the bonus, the initial deposit or associated sign-up bonus. You can initiate a reversal by contacting Player Support by email, telephone call or live chat. If any part of the bonus has been used, then the bonus may not be removed from Your Account (either by means of withdrawal or a request to the support staff) until the Play-Through Requirement associated with the bonus has been met.
5.7.3  Where a Sign-Up Bonus has been granted to You, subject to You being required to have met all wagering requirements, You will be limited to a maximum withdrawal value of 6 times Your first deposit amount and any remaining balance will be forfeited. This Section will only be applied at the discretion of Online Casino management. All progressive wins are exempt from this Section.

5.8  Before any withdrawals are processed, Your play will be reviewed for any irregular playing patterns. In the interests of fair gaming, equal, zero or low margin bets or hedge betting, shall all be considered irregular gaming. Other examples of irregular game play include but are not limited to, placing single bets equal to or in excess of 30% or more of the value of the bonus credited to their account, until such time as the wagering requirements for that bonus have been met. For the purposes of this rule, a bet is defined as one roulette spin or one dealer’s dealt hand in any table game, or one deal in any video or “power poker” game (this includes Multi-Hand/Play games). Any double or gamble shall be considered a new bet. Should we deem that irregular game play has occurred; we reserve the right to withhold any withdrawals or confiscate all winnings.

5.8.1  We reserve the right to decide in our sole discretion which activities constitute “irregular play” and to withhold any withdrawals where irregular play has occurred.
5.8.2  In the event that we believe You are abusing or attempting to abuse a bonus or other promotion, displaying irregular betting behavior, or You are likely to benefit through abuse or lack of good faith from a gambling policy adopted by us, we may at our discretion, not to be exercised unreasonably, deny, withhold or withdraw from You any bonus or promotion, or rescind any policy either temporarily or permanently, or terminate Your access to the Services or block Your Account. In such circumstances, we shall be under no obligation to refund to You any funds that may be in Your Account other than Your original deposit amounts.
5.8.3  If You are found to be in breach of the warranty contained in Section 1.2, we reserve the right to void any winnings and confiscate any balance in Your Account.
5.8.4  When a bonus expires or is forfeited, only the remaining balance from Your deposit is released back into Your Account.
5.8.5  Other funds, including remaining bonus amounts and winnings generated from play during bonus usage, will be removed.
5.8.6  During play, the system will wager deposit money first. For example: if You had a restricted bonus balance of $50 comprised of a $25 deposit and a $25 bonus, then wagered $10 and lost the bet. You would then have a restricted bonus balance of $40, comprised of $15 in deposit and $25 in bonus. At this point, if Your bonus expires or You choose to forfeit, You will have $15 deposit money returned to Your cash balance. The remainder, including any winnings, will be removed as part of the bonus restrictions set out in the terms and conditions.

6.  Rules of Play

6.1  In addition to these Terms and Conditions, certain rules of play, and Frequently Asked Questions (“FAQs”) shall apply to You and be binding upon You in respect of Your participation at the Casino. These Rules of Play can be found at https://play.playfallsview.com/sportsbook-rules, https://play.playfallsview.com/sportsbook-guide, https://play.playfallsview.com/casino-guide and FAQs at https://support.playfallsview.com/.
6.2  You hereby agree to be bound by the aforementioned rules of play, as established in the Online Casino “Casino Guide”, and FAQs as if they were specifically incorporated into these Terms and Conditions.
6.3  In the event of a payout being left in play on any game, we reserve the right to collect and subsequently credit the Player’s balance with that amount.
6.4  If requested, unused funds will be returned where a Player has self-excluded themselves under our self-exclusion program due to a gambling addiction or other problems.
6.5  Winnings may be confiscated and bets may be cancelled or otherwise voided in the event of a “palpable error”. For the purposes of this Section “palpable error” includes, but is not limited to, a significant and obvious mistake when quoting odds (e.g., reversing the odds of a match or some other kind of significant accidental error made while quoting the odds). In the case of a dispute, You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
6.6  Following the conclusion of a sports match or event, we will promptly provide information regarding bet settlement related to that match or event to any Player on request through communication channels outlined herein.
6.7  After beginning a gaming session, Players who are idle or inactive for fifteen (15) minutes will be automatically logged out of that session and will have to log back into their Player Account before resuming play.

7.  Payments, Withdrawals, and Verification

7.1  We reserve the right to ask You for verification documents upon deposits made via credit or debit card or prior to executing a withdrawal. This includes, but is not limited to:

      • a copy of card in question (if applicable);
      • a copy of photographic identification documents, such as a Passport or Driver’s License; and
      • documents confirming residence such as a bank statement or utility bill no older than 3 months.

7.2  We reserve the right to run credit checks on all Players with third party credit agencies on the basis of the information provided on registration.
7.3  It is the Player’s responsibility to retain copies of transaction records and Online Casino and Website policies and rules.
7.4  Any withdrawals that are made by bank wire or cheque will only be payable to the name used when registering for an account and if a debit or credit card has been used to deposit funds the name must correspond to the name registered on the card. There may be charges incurred for withdrawals. Funds must be withdrawn with the same method used for depositing, up to the amount of the deposit. Please note that any withdrawals may experience a slight delay due to our identity verification process.
7.5  You may only update or add additional payment details by contacting Player Support.
7.6  Players who withdraw a sum of money that is five (5) times or more, greater than their lifetime deposits across the Online Casino Group may be subject to detailed game and play review in order to assist with appropriate authorization and verification procedures which may impact a Player’s ability to withdraw their winnings. This Section will only be applied at the discretion of Online Casino management. All progressive wins are exempt from this Section.
7.7  Winnings are added in the selected currency for Your Account to the cleared balance of Your Account. Should You wish to withdraw some or all of Your balance You may select how much You wish to have paid back. The maximum withdrawal amount per 24-hour period is $10,000 or currency equivalent. If there are any concerns or queries regarding the collection of winnings, please email us directly.
7.8  Notwithstanding fees levied by a financial institution or payment processor, the Online Casino will not charge a fee for any payment to, deposit to, or withdrawal from Your Player Account.  In the event that this changes, we will notify You prior to any such change taking effect.

8.  Responsible Gaming/Gambling

8.1  Gaming is supposed to be fun but can be addictive. We promote responsible gaming by:

      • enabling the blocking / suspension of accounts upon request;
      • allowing You to contact one of our Player Support Representatives or click through to one of the links provided in the Responsible Gaming page; and
      • allowing You to voluntarily exclude Yourself from accessing the Online Casino by contacting our Player Support representatives.

8.2  For full details about our Self-Exclusion Program, please refer to the Responsible Gambling page.
8.3  Although every effort will be made to action Your request via email within a reasonable period of time, please bear in mind there may be a slight delay to action. We are not liable for losses due to pending communications.

9.  Intellectual Property

9.1  The Services and all intellectual property rights in and to the Services, including without limitation all Content and material supplied as part of the Online Casino Website and the Software, are owned by us or our licensors. In respect of such Services, we and our licensors reserve all our intellectual property rights, which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
9.2  You are permitted to use the Services and all such materials only as expressly authorized by us or our licensors. Nothing in these Terms and Conditions grants You any rights in the Services other than as necessary to enable You to access and use the Services. You agree not to adjust, try to circumvent or delete any intellectual property notices contained in or displayed on the Services and in particular in any digital rights or other security technology embedded or contained within any Content.
9.3  Subject to Your agreement to and compliance with these Terms and Conditions, we permit You a limited, revocable, non-exclusive and non-transferable right to access and use the Services, including without limitation all Content and material supplied as part of the Online Casino Website and the Software, as well as any games or activities accessible through the Online Casino or Websites, solely for Your personal, non-commercial use in connection with Your participation in games and activities offered through the Services, and in accordance with these Terms and Conditions.
9.4  To the extent that Your use of the Services requires that Software or Content be downloaded or installed on Your device, and subject to the Your agreement to and compliance with these Terms and Conditions, we grant You a limited, revocable, non-exclusive, non-transferrable and non-sublicenseable license to install and use such Software or Content solely as necessary for Your personal, non-commercial use of the Services. You may download such Software and Content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, reverse engineer or create derivative works of such material and content.

10.  Submissions and Your Content

10.1  You acknowledge and agree that the Services are not a secure means of communication and any information You supply to us, apart from personal information subject to our Privacy Statement, will not be kept confidential. For that reason, You should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which You regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value Your feedback, You agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property and we shall own all right title and interest in and to any such submission, including any intellectual property rights related thereto or embodied therein. Should any right or interest to such submissions inure to You, Your hereby agree to irrevocably assign, and hereby do irrevocably assign all right title and interest in any such submissions to us. By transmitting or posting any submission or other material to us, You agree that, subject to our Privacy Statement, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use or disclosure of such submissions.
10.2  Your Content. Where our Services enable You to communicate with us or other users of the Services, Your Content must be accurate and truthful and You may not use the Services to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Services into disrepute. Although we reserve the right to monitor, edit, review or remove Your Content including without limitation messages, discussions, chats, postings, transmissions, and other information and communications on the Services from time to time in our sole discretion, we are under no obligation to do so and assume no responsibility or liability arising from any of Your Content.

      • You are solely responsible for Your Content. Other than submissions, we do not make any claim to own Your Content or any intellectual property rights You may have therein. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including our promotional and marketing services), and You hereby waive any and all moral rights with respect to Your Content, provided, however, that our handling of any personal information in Your Content will remain subject to our Privacy Statement. Notwithstanding the foregoing, You do not transfer to us any ownership rights in any of Your Content and nothing in these Terms and Conditions will restrict any rights that You may have to use and exploit Your Content outside of the Services.

      • You represent and warrant that You have all the rights, power and authority necessary to grant the foregoing license, that Your Content has been lawfully provided to us and that You have all necessary consents to provide Your Content to us, and that all Your Content: (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms and Conditions.

      • We may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) respond to claims that any of Your Content violates the rights of third parties; (iii) enforce or administer any terms and conditions applicable to our Services, including without limitation, these Terms and Conditions; or (iv) protect our rights, property or personal safety, users of our Services or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks or changes to conform and adapt to technical requirements of connecting networks or devices.

11.  General Terms

11.1  Amendment

11.1.1  We may, without notice to You, amend, alter, delete, change or add to these Terms and Conditions, the promotion or competition-specific Terms and Conditions or Casino Guide (each, a “Change”), at any time whatsoever.
11.1.2  These Changes shall become effective, and You shall be bound by these Changes, immediately upon their posting on the Online Casino Website.
11.1.3  You agree to regularly review these Terms and Conditions, promotion or competition-specific Terms and Conditions and the Casino Guide regularly in order to assess whether any Changes have been made.
11.1.4  Your continued use of the Services and Websites constitutes Your agreement to all such Changes.

11.2  Eligibility

11.2.1  The Online Casino’s employees, subsidiaries and affiliates connected to any referral programs linked to the Online Casino, advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at the Online Casino as a Real Player.
11.2.2  MDC’s employees and the immediate family of such individuals are not eligible to participate at the Online Casino as a Real Player.
11.2.3  Pala Interactive LLC’s employees and the immediate family of such individuals are not eligible to participate at the Online Casino as a Real Player.

11.3  Severability. If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
11.4  Non-Waiver. No indulgence granted by the Online Casino to You should be construed as a waiver of any of our or the Online Casino’s rights in terms of these Terms and Conditions.
11.5  Third Parties. Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
11.6  Acceptance. By accepting these Terms and Conditions You are fully aware that there is a risk of losing money when gambling by means of the Website and You are fully responsible for any such loss. You agree that Your participation in the Online Casino, access or use of the Website and use of the Services offered by Us is at Your sole option, discretion and risk. In relation to Your Losses You shall have no claims whatsoever against us or any of our partners or their respective directors, officers or employees.
11.7  Whole Agreement. Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that You are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
11.8  Interpretation. In this Agreement, the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
11.9  Governing Authority. This Online Casino is governed solely by the laws of Ontario, and the federal laws of Canada applicable therein. Players acknowledge and agree that we may be bound (and shall be entitled) to disclose certain information about You and Your Account to applicable regulatory authorities.
11.10  Applicable Law & Jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of Ontario and the applicable federal laws of Canada. Each of the parties hereto hereby irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario.
11.11  Limitation of Actions. You hereby agree that any legal proceedings to enforce any claim that You may have (if any) against the Online Casino shall be initiated by You within a period of six (6) months of the cause of action arising (the “Prescription Period”); failing which You hereby forever waive and abandon any right that You may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
11.12  Translations. These Terms and Conditions may be translated into many different languages. If there is any discrepancy between the English language version of these Terms and Conditions and any other-language version of these Terms and Conditions in the meaning and interpretation of any of the provisions of these Terms and Conditions, the meaning and interpretation of the provisions under the English language version shall prevail.
11.13  Tournaments. Entrance into any tournaments are limited to one per person per account. If Players open multiple accounts, they will not be eligible for an entry per account. Entry is only available once per Player or per environment where computers are shared or per e-mail address. Only one alias is permitted per Player per tournament.
11.14  Complaints and Disputes. This Section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between You and us arising out of or in connection with these Terms and Conditions (including without limitation our Privacy Policy) or Your use of the Site, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. The term “dispute” will be given the broadest possible meaning allowable under law.

11.14.1  Each of the parties hereto hereby irrevocably consents to the exclusive jurisdiction of the courts of the Province of Ontario.

11.15  Assignment. These Terms and Conditions are personal to You, and are not assignable, transferable or sub licensable by You except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to You.
11.16  Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets involving us, Your Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide You with notice via email or notice on our web site explaining Your options with regards to the transfer of Your Account.
11.17  Termination of Account. We reserve the right to cancel Your Account for any reason whatsoever at any time without notice to You. Any balance in the Your Account at the time of such cancellation will be credited to Your credit card or sent to the You by cheque. However, we reserve the right, in our discretion, not to be exercised unreasonably, to void any winnings and confiscate any balance in an account in any of the following circumstances:

      • if You have more than one active Account;
      • if the name on Your Account does not match the name on the credit card(s) used to make deposits on an Account;
      • if You participate in a promotion and cash-in before fulfilling the requirements of that particular promotion;
      • if You provide incorrect or misleading registration information;
      • if You are not of legal age;
      • if You reside in a jurisdiction where participation in Online Casino games are prohibited by law;
      • if You have allowed or permitted (intentionally or unintentionally) someone else to play on Your Account;
      • if You have not played at the Online Casino on an individual basis for personal entertainment only (that is, You have played in a professional sense or in concert with other Player(s) as part of a club, group, etc.);
      • if we receive Charge-backs or returns via a deposit mechanism used on Your Account;
      • if You are found colluding, cheating, match-fixing, money laundering, or otherwise undertaking fraudulent or illegal gaming activity;
      • if it is determined by us that You have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Online Casino;
      • if You use the Online Casino, Website, or Your Account in bad faith;
      • if it is determined by us that You are an individual with access to non-public information related to an event or that You an individual who may impact the outcome of an event or bet type on any event offered by us;
      • if it is determined by us that You are an athlete, coach, manager, owner, referee or otherwise have sufficient authority to influence the outcome of an event or bet type offered by us;
      • if it is determined by us that You are an owner (any person who is a direct or indirect legal or beneficial owner of 10 percent or greater) of a sport governing body or member team seeking to place a bet on any event overseen by the sport governing body or any event in which a member team of that sport or event governing body participates;
      • if You, as part of uploading Your Content to the Services, including the Online Casino or Mobile Casino:
        • upload, post, email or otherwise transmit any Your Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
        • harm minors in any way;
        • impersonate any person or entity, including but not limited to a representative of an MDC Party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
        • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Your Content transmitted through the Services;
        • upload, post, email or otherwise transmit any Your Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
        • upload, post, email or otherwise transmit any Your Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
        • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
        • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
        • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
        • “stalk” or otherwise harass another person or user;
        • collect or store personal information or data about other Services users, or disclose another user’s personal information or data to any third party;
        • solicit personal information or data from anyone under 19 years of age; or
        • use any “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
      • If we become aware that You have played at any other online casino under any of the circumstances set out above.

11.17.1  Account Closure. If You wish to close Your Account, please contact Player Support directly by sending an email to support@playfallsview.com.

11.18  Final decision by us. In the event of a discrepancy between the result showing on the Software our server software, the result showing on our server software shall be the official and governing result.
11.19  Currency. The use of the $ symbol indicates Canadian Dollars only.
11.20  Force Majeure. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions that is caused by events outside our reasonable control.
11.21  No agency. Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and us.

12.  Apple-Specific Terms

For this Section alone, we shall be referred to as the “Company”.

12.1  Acknowledgement. Company and You acknowledge that this Agreement is concluded between Company and You only, and not with Apple, and Company, not Apple, is solely responsible for the Mobile Casino and the content thereof. To the extent this Agreement provides for usage rules for the Mobile Casino that are less restrictive than the Usage Rules set forth for the Mobile Casino in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
12.2  Scope of License. The license granted to You for the Mobile Casino is limited to a non-transferable license to use the Mobile Casino on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
12.3  Maintenance and Support. Company is solely responsible for providing any maintenance and support services with respect to the Mobile Casino, as specified in this Agreement (if any), or as required under applicable law. Company and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Casino.
12.4  Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile Casino to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile Casino to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Casino, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
12.5  Product Claims. Company and You acknowledge that Company, not Apple, is responsible for addressing any claims of You or any third party relating to the Mobile Casino or Your possession or use of the Mobile Casino, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Casino fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to You beyond what is permitted by applicable law.
12.6  Intellectual Property Rights. Company and You acknowledge that, in the event of any third party claim that the Mobile Casino or Your possession and use of the Mobile Casino infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
12.7  Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties
12.8  Developer Name and Address. Company’s contact information for any end-user questions, complaints or claims with respect to the Mobile Casino is set forth in Section 16.
12.9  Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Mobile Casino.
12.10  Third Party Beneficiary. Company and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.

13.  Mobile Casino

All Terms applicable to the Online Casino shall also apply to the Mobile Casino. Additionally, when playing on the Mobile Casino the following additional terms shall apply:

13.1  Network Operator and Other Charges. You are solely responsible for any connection, use or other charges levied by Your network operator when You register to play the Games, download the Software, place bets or communicate with us. These charges shall form no part of any bets placed.
13.2  Connectivity. You (the Player) are solely responsible for any telecommunications devices, networks, wireless or Internet access services and other consents and permissions required in connection with Your use of the Online Casino.

14.  Copyright, Trademark and URL Notice

14.1  Any and all content included on the Websites or incorporated by reference, are protected by international copyright laws.
14.2  Without derogating from the above. You are authorized to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that such content is used:

      • for purposes of playing at PlayFallsview.com™; or
      • for information purposes only.

14.3  Any unauthorized copying or use of the content on this website, whether in whole or in part, is an act of copyright infringement and makes the DOER liable to prosecution.

15.  Privacy Statement

Our Privacy Statement explains how we collect, store, use, and share Your information, and is hereby incorporated into this Agreement. You expressly acknowledge that You have reviewed the Privacy Statement and agree to the practices described therein. Our Privacy Statement can be found at: https://playfallsview.com/privacy-policy/.

16.  Contact

If You have any questions regarding these Terms and Conditions, please contacts us at: support@playfallsview.com.